HF 752 (LSB 1217YH (8) 91)

HOUSE FILE 752

BY  JONES

A BILL FOR

An Act relating to the compensation of county officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.752, subsection 5, Code 2025, is amended to read as follows:
   5.  The resolution changing the status of a county attorney shall state the initial annual salary to be paid to the county attorney when the full-time or part-time status is effective. The annual salary specified in the resolution shall remain effective until changed as provided in section 331.907. Except in counties having a population of more than two hundred thousand, the annual salary of a full-time county attorney shall be an amount which is between forty-five percent and one hundred percent of the annual salary received by a district court judge.
    Sec. 2.  Section 331.757, subsection 2, Code 2025, is amended to read as follows:
   2.  The county attorney may appoint, with the approval of the board, an assistant county attorney to serve as a full-time prosecutor. A full-time prosecutor shall refrain from the private practice of law. The county attorney shall determine the compensation paid to a full-time prosecutor within the budget set for the county attorney’s office by the board. Except in counties having a population of more than two hundred thousand, the annual salary of an assistant county attorney shall not exceed eighty-five percent of the maximum annual salary of a full-time county attorney.
    Sec. 3.  Section 331.904, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  The annual base salary of the first and second deputy officer of the office of auditor, treasurer, and recorder, the deputy in charge of elections administration, the deputy in charge of the motor vehicle registration and title division, and the deputy in charge of driver’s license issuance shall each be an amount not to exceed eighty-five percent of the annual salary of the deputy’s principal officer. In offices where more than two deputies are required, the annual base salary of each additional deputy shall be an amount not to exceed eighty percent of the principal officer’s salary. The amount of the annual base salary of each deputy shall be certified by the principal officer to the board and, if a deputy’s annual base salary does not exceed the limitations specified in this subsection, the board shall certify the annual base salary to the auditor. The board shall not certify a deputy’s annual base salary which exceeds the limitations of this subsection set by the auditor, treasurer, or recorder, or principal officer, as applicable.  The board shall certify the annual base salary to the auditor.
    Sec. 4.  Section 331.904, subsection 2, Code 2025, is amended to read as follows:
   2.  Each deputy sheriff shall receive an annual base salary as follows:
   a.  The annual base salary of a first or second deputy sheriff shall not exceed eighty-five percent of the annual base salary of the sheriff.
   b.  The annual base salary of any other deputy sheriff shall not exceed the annual base salary of the first or second deputy sheriff.
   c.  2.  a.  The sheriff shall set the annual base salary of each deputy sheriff who is classified as exempt under the federal Fair Labor Standards Act of 1938, as amended, subject to the limitations specified in paragraphs “a” and “b”. The sheriff shall certify the annual base salaries of the exempt deputy sheriffs to the board, and, if the limitations of paragraphs “a” and “b” are not exceeded, the board shall certify the annual base salaries to the county auditor.
   d.  b.  The board shall set the annual base salaries of any deputy sheriffs who are not classified as exempt under the federal Fair Labor Standards Act of 1938, as amended. Upon certification by the sheriff, the board shall review, and may modify, the annual base salaries of the deputy sheriffs who are not classified as exempt. The annual base salaries set by the board are subject to the limitations specified in paragraphs “a” and “b”.
   e.  c.  As used in this subsection, “base salary” means the basic compensation excluding overtime pay, longevity pay, shift differential pay, or other supplement pay and fringe benefits.
    Sec. 5.  Section 331.904, subsection 3, Code 2025, is amended to read as follows:
   3.  The annual salary of each assistant county attorney shall be determined by the county attorney within the budget set for the county attorney’s office by the board. The salary of an assistant county attorney shall not exceed eighty-five percent of the maximum salary of a full-time county attorney. The county attorney shall inform the board of the full-time or part-time status of each assistant county attorney. In the case of a part-time assistant county attorney, the county attorney shall inform the board of the approximate number of hours per week the assistant county attorney shall devote to official duties.
    Sec. 6.  Section 331.907, subsection 2, Code 2025, is amended to read as follows:
   2.  At the public hearing held on the county budget as provided in section 331.434, the county compensation board shall submit its recommended compensation schedule for the next fiscal year to the board of supervisors for inclusion in the county budget. The board of supervisors shall review the recommended compensation schedule for the elected county officers and determine the final compensation schedule. In determining the final compensation schedule for the elected county officers, the board of supervisors may set compensation at less than the compensation provided in the current compensation schedule if the position is reduced to part-time under the recommended compensation schedule.  Additionally, the board of supervisors may reduce the amount of salary increase proposed for an individual elected county officer without reducing the amount of increase proposed for the other elected county officers by an equal amount if the board of supervisors provides justification. A copy of the final compensation schedule shall be filed with the county budget at the office of the director of the department of management. The final compensation schedule takes effect on July 1 following its adoption by the board of supervisors. For purposes of this subsection, “current compensation schedule” means the compensation schedule in effect when the board of supervisors considers the recommended compensation schedule.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the compensation of county officers.
   Currently, the annual base salary of a county deputy sheriff, an assistant county attorney except in a county having a population of more than 200,000, and deputy officers of certain county offices shall not exceed 85 percent of the annual base salary of the county sheriff, the county attorney, or the principal officer, respectively. The bill specifies the auditor, county attorney, treasurer, or recorder, or other principal officers, as applicable, shall set the annual salaries of deputies and assistants. The bill strikes provisions requiring the annual salary of deputy officers of principal officers to not exceed 85 percent of the annual base salary of the county principal officer.
   Current law requires counties with populations of 200,000 or less to set a county attorney’s salary between 45 and 100 percent of a district court judge’s salary. The bill strikes this requirement.
   The bill authorizes the county board of supervisors to reduce the salary increase of an individual elected county officer without reducing the amount of salary increase proposed for the other elected county officers by an equal amount if the board of supervisors provides a justification.